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BCC Minutes 12/10/1991 R Naples, Florida, December 10, 1991 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in RE~R SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: ABSENT: Patricta Anne Goodnlght Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Annette Guevin, Ellie Hoffman and Debby Farrts, Deputy Clerks; Neil Dorrtll, County Manager; Tom Olliff and Jennifer Pike, Assistants to the County Manager; Ken Cuyler, County Attorney; Dave Weigel, Brenda Wilson and MarJorie Student, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; John Mada3ewski, Pro3ect Review Services Manager; Ken Baginskt, Planning Services Manager; Bob Fahey, Solid Waste Director; Keeth Kipp, Solid Waste Recycling Coordinator; Ed Kant, Transportation Services Engineer; Bob Mulhere, Byran Milk, Dave Weeks, Ray Bellows, Ron Ntno, Chahran Badamtchian, Er~c Young and Elly Soto, Planners; Sue Filson, Administrat~ve Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page 1 December lO, 1991 Commissioner Saundere out u reflected by 4/0 votes. carried 4/0, that the agenda be approved with the following changes: 1. Item #10A - Gain Time for Inmate #48091 - Added. (Requested by Board of County Commissioners.) Item #12B1 - Petition PUD-89-31(1), Michael R. Fernandez of Agnoli, Barber and Brundage, Inc., requesting a rezone from PUD to PUD for commercial development to be known as North Park Center - Continued to 1/14/91. (Requested by the Petitioner.) Item #12C4 - Ordinance amending Ordinance 90-17, Development Agreement Ordinance - Continued to 12/17/91. (Requested by Staff - advertised but not included on the printed agenda.) Item Item #16H1 - Request Board approval to waive the formal bid process and purchase tables and table caddies for East Naples Community Park, Immokalee Community Park and Veterans Park Community Park Community Centers - Moved to #SH1. (Requested by Commissioner Shanahan.) The motion for approval of the Consent Agenda ts noted under Item Item MINUTES OF BCC R~NILAR MEETING OF AUGUST 27, 1991, AND JOINT LEE COUNTY WORKSHOP OF AUGUST 29~ 1991 - APPROVED carried 4/0, to approve the Minutes of the Regular Meeting of August 2?, 1991, and the Joint Lee Counter Workshop of August 29, 1991. Commissioner Hasse congratulated the following Collier County employees and presented their service awards: Wesley B. Herwig, Parks and Recreation - § years Georgina M. Mausen, Surplus Gas Tax Rd. Coast. - 5 years PLAQUE FROM THE ASSOCIATION OF COUNTY MANAGERS FOR OUTSTANDING LEADERSHIP AND DEDICATION AS PRESIDENT FOR 1990-1991 TO COUNTY MANAGER Commissioner Goodntght presented a plaque to County Manager Dorrill from the Association of County Managers for outstanding Page 2 December 10, 1991 leadership and dedication as President for 1990-1991. Iteu #6&1 ind #6A2 92-73 THROUGH 92-76 - ADOPTED Finance Director Yonkosky corrected a statement made in responoe to a question posed by Commissioner Volpe at the December 5th meeting. He said the Budget Amendment for $34,992 was not for the shelling in of the third floor of the Health Department as stated. He said it was a Budget Amendment approved by the Board to take funds out of reserves to make the final payment to the architects for the Health Department Building. He noted the other Budget Amendment has not yet been pre- sented. Couteetoner Shanahan moved, seconded by Conleetoner Hesse and cmrried 4/0, to adopt Budget Mndmentl 92-73 through 92-76. Item 96D PRESENTATION OF THE 1992 AD VALOREM TAX REPORT - REPORT ACCEPTED Finance Director Yonkosky referred to a tax map in the front of the 1992 Ad Valorem Tax Report, indicating tax areas that parallel certain Fire Districts with the exception of the unincorporated area. He said, for example, the North Naples tax area includes all millage areas in the North Naples Fire District and the now collapsed Bonita and Little Hickory Fire District. He advised the Corkscrew District is not separately identified, and Col//er County's Fire District is included in the unincorporated area. He said following this method will provide a base for comparison from year to year. . In response to Commissioner Volpe, Mr. Yonkosky stated the North Naples District has 38.4% of the taxable value in the unincorporated area, while the City of Naples has 28.5% of the taxable value of the total County. -.~ Commissioner Hasse commented that much concern has been expressed about the monies collected and expended in the Corkscrew District, and asked why that District is not separately shown? Mr. Yonkosky advised the Corkscrew District is so small it is included with the Co/l/er County F/re District as the total untncor- Page 3 December 10, 1991 Ne said a complete run down of the montes levied by all the taxing districts in the Big Corkscrew Independent Fire District ts on-hand, however, he does not have a record of how those monies are expended. Ne remarked the County receives a copy of their final a=dtt report each year. Clerk Giles clarified that the tax areas are not intended to give information on Fire Districts, rather they outline major areas of the County for general tax information. He said the Fire Districts are selected because those are the only type districts comprehensive enough to dtv3de up the County for presentation of tax details. Mr. Yonkosky stated page ? of the report shows the changes in taxable value by the tax areas. He commented Golden Gate had the largest percentage change between the two years, followed closely by the North Naples taxing area. He referred to pages 8 and 9 which deal with average millages. He explained that each taxing area is con- stdered homogeneous, and the average millage is computed by divldtng total taxes levied by the taxable values wtth3n the tax area. Ne sald for comparison the highest and lowest homogeneous mtllages are shown in a particular area. He noted Everglades Glty is the only one that does not show a difference because that homogeneous taxing area is all 20 mills. Mr. Yonkosky continued with the next two pages which represent the changes in average mtllages from 1991 and 1992. He noted the average millage decreased in each of the tax areas. He stated the changes in taxes by tax area are shown on page 13, adding that Golden Gate had the largest percentage while the largest dollar value is in the North Naples area. He stressed that pages 15 and 17 present the , :~. ;T.' taxes by major taxing authorities, broken down by the taxes levied by ~*~::( the Board of County Commissioners, the District School Board as well :~'~ as municipalities and independent districts. He called attention to .- the $209,561,969 in total taxes levied in Collier County, of which the Board of County Commissioners is only responsible for $73,754,093 or 3§.19~ of the total. He said the report also includes details of each Page 4 December 10, 1991 one of the taxing areas and the individual mil/age levied by tax code as defined by the Property Appraiser's Office. Cc~ts~toner Hawse loved, ~econded by Co---testoner Shanahan and cmxried 4/0, to accept the 1992 Ad Valorem Tax Report u presented. Itel ~8A1 PETITION ~MP-90-13, SAN MARCO PAR/( (R~CON~IDERATION} - PETITIONHR ALLOWED ADDITIONAL 9! DAYS TO COMPLETE REMAINING VALID PORTIONS OF THE PROJECT John MadaJewski, Project Review Services Manager, communicated that Petit/on SMP-90-13 is being brought back at the request of the Board pursuant to Mr. Basik's public petition of October 29th. He recalled the Board directed Mr. Basik at that time to work with Staff to find a so/ut/on to the problems that resulted in the termination of the Subdivision Master Plan and two site plans for this project. advised that Project Review Services has had no communication from Mr. Basik or his agent during this time. He said after having made a number of phone calls, he was finally able to discuss the situation with Mr. Basik on November 2§th, at which time he was advised there would be nothing forthcoming to his office and that Mr. Basik would make a presentation to the Board this date. He concluded with Staff's request that the Board uphold its decision of October 1st to terminate SMP-90-13 and two related site plans. Finance Director Yonkosky advised that the Board accepted a Grant from the Department of Commerce to develop a project called "The Little Red Caboose". He said the contract was entered into by the County with one of the construction firms, however, the funds ran out. He added the final payment approved by the Board on February 7, 1989, was for $63,000. He said Mr. Bas~k had put $60,000 into the project at that t/me and there was a $43,992 shortfall at the end of the pro- Ject that the Board approved from transportation trust fund money because it had a contractual obligation with the contractor. He com- municated that as of September 30, 1991, the $43,992 would have earned an additional $9,447 in interest. Larry Basik, Trustee for San Marco Park, relayed that when he was Page December 10, 1991 'contacted by Hr. MadaJewskl on November 25th, Mr. MadaJewskt Informed him that he could not accept the final engineering on the project until the Board rescinds its decision to terminate SMP-90-13. In answer to Commissioner Hasse, Mr. Baslk stated there was no previous contact by County Staff with him, nor was his engineer informed that the matter would be brought before the Board of County Commissioners on October 1st. Commissioner Hasse asked if Mr. Basik ts now prepared to pay the money owed to the County? Mr. Basik explained the cost of the project was supposed to be $268,000 and ended costing $372,000. He said no one seems to know what happened to result in an overage of $100,000. He remarked that he and his attorney met with the County Attorney and agreed that the first montes coming out of the project would go back to the County to pay for the indebtedness. He informed when U.S. 41 was extended and widened, he made up the difference of $29,000 by building box culverts. He said the project would never have started unless all the funds were covered. He stated he provided $66,000, grant funds of $200,000 were included, and he put tn the bridge. He Indicated at that point, all the funds were covered until there was overage of $100,000. Commissioner Hasse questioned whose fault was the overage? Mr. Baslk informed he was a bystander at that point. Ne said the funds were given to the County and although he went to some of the bid hearings, he had no say in the matter. Commissioner Volpe commented it seems Mr. Bastk ts suggesting a conspiracy has taken place and that someone has mishandled this pro- Ject from the beginning. He asked what relief As Mr. Bastk asking the BOard to grant7 Mr. Basik referred to a document he provided to the Board con- raining reasons he feels the Board should re-evaluate what was done at the October 1st meeting. (Copy not provided to the Clerk to the Board.) Page 6 December 10, 1991 Commissioner Hesse asked when the document was prepared, to which Mr. Bastk stated that he put the document together yesterday when he found that he would be coming before the Board this date. He said it was his understanding that there were to be meetings at the County level and that he was to hear on December 6th if anything came of those meetings. Mr. MadaJewski interjected that he made it extremely clear to Mr. Bastk during their conversation of November 2§th that this item would be heard by the Board, at which time Mr. Bastk advised that he would be preparing a submission directly to the Board. He said he has heard the exact same position and speech from Mr. Basik since hie involve- ment in the project began when he was with the Utilities Division. He reported there has been delay after delay with no action taken. He stated he has taken considerable amount of time to prepare and come before the Board on this issue. Commissioner Shanahan remarked that in spite of the delays, it appears there has been considerable action resulting in almost $800,000 invested in the project as evidenced by the list of items accomplished. He relayed his hope that Mr. Basik is ready to settle with the County this date and possibly proceed with the project. Mr. MadaJewskl said that is very possible. He stated a key point is Mr. Bastk's reference to the bonding issue, whlch has never been discussed and is not an issue. He said there has never been that type of request or follow through with his office. In answer to Commissioner Hasse, Mr. Basik stated there is money in escrow and he agreed in a meeting with the County Attorney that the County would be paid from the first sales on the project. Commissioner Shanahan asked what Mr. Bastk's reaction would be if the Board rescinded its action taken on October 1st, reinstated the SMP and allowed Mr. Bastk until January 2, 1992, to pay the debt to the County? Mr. Basik asked that the Board consider giving him additional time. Page ? December ~0, ~99! County Attorney Cuyler stated when he met with Mr. Bastk, the County had the option of filing suit against him. He said Mr. Basik indicated that would do no good because there was no money to get :~s a result of such a suit. He said Mr. Bastk then suggested that the County wait and be paid from the first sale, to which he agreed and then directed Mr. Basik to work with Mr. MadaJewskt. Mr. Basik advised the Board on the many obstacles he has had to overcome concerning this project, including problems associated with the Department of Environmental Re~ulation, the Corps of Engineering and the Florida Department of Transportation. Commissioner Volpe remarked that this project is not a Joint ven- ture between Mr. Basik and the County. He said if Mr. Basik has run into difficulties in overages and in financing the project, there are many other people who, in this economy, have experienced similar dif- ficult/es. He said he does not understand the relief being requested. He asked if Mr. Basik be//eves he has a cause of action against Collier County for the manner in which the County has handled this project? Mr. Basik answered in the affirmative with regard to certain County Staff members, but not the County itself. He advised in the past few months, his building permit, commercial zoning, SMP and SDP's have all been cancelled. He said they have been pouring footings every six months Just to keep the permit going to comply with the required SMP. Commissioner Shanahan asked the Board to consider rescinding its decision of October 1st, and that Mr. Basic be given 90 days to resolve the problems and make payment to the County. Mr. MadaJewskt suggested the Board set a date certain for resolving the issues. He said, rather than the Board expending more time on this project, if he is not able to bring back construction documents and a plat in a form for recording by March 17th, the action 'of October 1st should be upheld. Commissioner Volpe asked Mr. Basik if he understands that as a Page 8 December 10, 1991 part of moving forward, he must post a bond for the subdivision impro- vements in order to record the final plat, and that will require the expenditure of 815-18,0007 Mr. Basik answered in the affirmative. C~a~ateetoner Shanahan moved, seconded by Comlseloner Hesse, to raacind the decision to cancel the SMP and related SDP'e, and that Mr. Batik ha~ 91 ~aye to solve the problem~. Paul Rod/risky, an adjacent property owner, stated he is not against Mr. Bastk continuing with the subject project. He informed the Board, however, that Mr. Basik has sold an illegally subdivided parcel on the site to GTE, whose intention ts to build communication towers. He said in his opinion, if Mr. Bastk is allowed to build San Marco Park, he should be restricted to developing the commercial pro- perry and the trailer park, and not be allowed to do anything with the industrial land until after that development ts completed. In answer to Commissioner Hesse, Mr. MadaJewskt reported he ts aware of the sale of the land to GTE. He said they have talked to Staff numerous times as it relates to their ability to get a building permit and have been advised they cannot receive a permit until the Board approves a Provisional Use and the property is subdivided. Mr. Basik added at the time he entered into a contract with GTE, there was no violation of the Subdivision Ordinance. Commissioner Volpe remarked that two of the SDP's being considered for reinstatement concern commercial property. In answer to County Attorney Cuyler, Mr. MadaJewski replied the :, SMP deals with the entire property consisting of two commercial sites. {<~ an industrial site and the R/V site. He said the County has issued '~!,~ three SDP's for the two commercial sites and the R/V park. · ':d County Attorney Cuyler referred to the two commercial parcels, "~ stating the C-5 portion is acceptable but the 0-4 section has been "' invalidated and is being proposed for rezoning to an appropriate designation in March, ~.992. He said Mr. Basik ts proposing the Board allow him to go forward with the SDP for commercial, which will be inconsistent with the Comprehensive Plan. Page 9 December 10, 1991 Commissioner Volpe indicated he ts unaware of how the Board can reinstate the SDP's, when Mr. Basik does not have the underlying zoning for what he is proposing to develop. Mr. Basik stated $?00,000 of infrastructure has been completed. Commissioner Volpe related his understanding, however, Mr. Basik received a determination'from the Growth Planning Department that the property was not exempt. He said many other people have had to pursue the procedural requirements for an appeal and have not come before the Board under a public petition asking for an exemption. Co~aiswioner Sh~na~ a~ended the ~otion, seconded b~ Co~mieelons~ that Mr. Basik be allowed to go forward in this period of tim~ on anything he is legally entitled to. Upon call for the question, the action carried 3/1 (Co--iesioner Volpe oppo~). R~CO~I~NDATION THAT TH~ BOARD APPROV~ THE PROPOSED YARD MASTE RECYCLING PRO(~tAM, THAT CLEAR PLASTIC BAGS BE USED FOR YARD TRASH COLLECTION, AND APPROV~ EXPENSES ASSOCIATED WITH PROMOTION OF THE PRO(RAM - APPROVED WITH STIPULATIONS Bob Fahey, Solid Waste Director, recalled a law passed tn 1988 requires Counties to segregate yard trash from the land cells. He said Collier County petitioned the State for an exemption from the requirement because of the small amount of that material that ends up in the land cells as a result of the combined collection of residen- tial units. He noted the petition was denied on November 8th, and Staff is proposing as an alternative, that 12 of the 104 collections provided to residential units annually be dedicated for the sole pur- pose of picking up the yard waste material separately. In that way, he said, it can be put with other material of that nature and con- verted to mulch. He advised there are approximately 5,000 tons of this material mixed with regular household waste, which is 10~ of the material collected from residences. He stated by dedicating 10~ of the collections throughout the year for this, Staff feels the program can be run without adding any cost to the collection as a whole. He Page 10 December 10, 1991 noted it would require an expenditure of less than $3,000 to debag the material once it is brought to the landfill. He requested that the material be bagged using clear plastic bags in order that it is clearly identifiable and to prevent garbage from being mixed with the yard waste. In response to Commissioner Hasse, Mr. Fahey stated if this request is approved, Staff will make every effort to assure that clear plastic bags are available in stores. He said they should be roughly the same price as the normal garbage bag. Mr. Fahey continued, indicating that Staff is also proposing to spend $S0,000 in educational material to make people aware of this change. He commented $20,000 is a/ready in the budget through a grant to educate people on the benefits of leaving the tvtmmings on the lawn. Commissioner Shanahan communicated that collecting yard waste once per month may be acceptable from January through April, however, will not be adequate during the summer months. In his opinion, he said, yard waste will have to be picked up at least twice per month during those months. He remarked having bags of yard waste on the curb, alongside the house or in the garage for three weeks is totally unac- ceptable. Me mentioned that it must be made clear to the residents of Collier County that nothing has changed with the collection of palm fronds, which can be cut into four-foot sections and bund/ed, and do not have to be bagged. He also suggested that Waste Management address a program for people who may want additional pick ups during the growing season. He said considerat~on should be given to substi- tuting two garbage collections per month for pick up of yard waste during the growing season. Commissioner Goodnight remarked the Solid Waste Act written in 1988 ~ncluded this mandate. She asked why that was not taken into consideration in the 1990 contract negotiat~ons w~th Waste Management? County Manager Dorrill stated he does not know there was a reason other than the cost associated with the program. Page 11 December 10, 1991 Commissioner Goodnight suggested the County appeal the decision of DER and wait until the Legislature rewrites the Solid Waste Act, which they are currently working on. She said it is her understanding that very few Counties and cities in the State will be able to meet this mandate by January, 1992. In answer to Commissioner Shanahan, County Manager Dorrill advised that his recommendation is to authorize the yard waste recycling program for once a month pick-up, file a simultaneous appeal of the Secretary of DER's decision regarding Collier County's request for an exemption, and aggressively lobby the Legislature on this issue. Commissioner Goodnlght communicated that Polk County received an exemption because they have a mulching plant coming on line. In answer to Commissioner Hasse, Mr. Fahey reported if Collier County proceeds with a Materials Reclamation Facility (MRF), that would be ample grounds to file another exemption request with DER. Me urged the Board to approve the program at this time, because as of January, 1992, DER is allowed to impose a fine of $10,000 per day if they find this material in the lined cell. Commissioner Volpe suggested as part of the appeal process, that someone be made aware of the fact that Collier County has taken ini- tial steps toward the establishment of a MRF. In the meantime, he said, he is supportive of starting this program for pick-up once a month. He concurred with Commissioner Goodnight that this should have been contemplated and anticipated during the negotiations with the franchisee. T~pe ~ Commissioner Shanahan reiterated his concern that collecting yard waste once per month will not be adequate during the growing season. Me said the Board should recognize that now and start preparing for it. Commissioner Volpe stated the County should ask residents to cooperate and advise Staff if the program is not adequate. He said the alternative is a costly program that no one is in favor of. Page ~2 December 10, 1991 Commissioner Hasse asserted there is a tremendous number of people An Collier County who do not need yard waste picked up, either because they have a small yard or have contracted with a lawn service to do the work. He indicated he is in favor of starting the program with one pick up per month. John Beebe, Chairman of the President's Council of the Greater Naples Property Owners Association, stated his organization represents Lakewood, Kings Lake, Foxfire and Lely Subdivisions. He commented they are all concerned with storing yard waste on their properties for 'three weeks. He said most of the residents do not have any place to store this kind of refuse. He also stated it will be unsightly and will create a health hazard by attracting vermin and snakes. He said they are willing to pay extra for a more satisfactory pickup of once .per week. He urged the Board to investigate what can be done to get an adequate program at a reasonable cost. Commissioner Hasse reiterated that there is a tremendous number of people who do not need that kind of pick-up. Mr. Beebe suggested placing a sticker on mailboxes of those resi- ,..dents who wish to receive the extra service. George Keller, President of the Collier County Civic Federation, supported Staff's proposed program as well as their position of edu- cating the residents of Collier County to /et lawn clippings remain on their /awns, which will reduce the wastestream as well as water con- sumption. Charlte Andrews inquired if $11 would be added to the annual bill if the program is instituted on a weekly basis? Mr. Fahey advised that the newspaper incorrectly stated the charges. He said the proposal from Waste Management was a fee in excess of $11 per month for a voluntary service. In answer to Mr. Andrews, Mr. Fahey stated the material will be picked up once per month and can be bund/ed, placed in trash cans or clear plastic bags. He said regular household garbage will not be licked up on the day set aside for collection of yard waste. He men- Page 13 ,.~...?. December 10, 1991 ' tioned if yard waste is placed in trash cans, it will save the County "' from spending the money to remove the material from bags. !"[[' Charlotte Westman, representing the League of Women Voters, asked ~,.. if it will be possible for clear plastic bags to be available by the '~f.'~ . first of January7 Mr. Fahey said the County's Recycling Staff has already contacted the suppliers and they feel the bags will be available in stores by January. Mrs. Westman asked if those properties that will not have cltp- pings picked up will be charged the same as those that do? Mr. Fahey responded this program is being instituted without modifying the rates. He said the annual fee of $100.74 pays for all collections and this progr~n will simply identify 12 pick-ups for yard waste alone. Mrs. Westman voiced her agreement with proceeding with a MRF and suggested a compostlng system be developed that is more sophisticated than the current one. Mr. Fahey reported composttng this material separately would be the end result of the separate collection. Commissioner Goodntght suggested the Board authorize Staff to tra- vel to Tallahassee on a moment's notice if necessary, to help Keith Arnold, member of the House from Lee County and Chairman of the Solid Waste Committee, work toward the bill as it proceeds. Mr. Fahey asked Assistant County Attorney Weigel to address the Board on two modifications that may be necessary to the Ordinance and the collector's contracts. .~- Assistant County Attorney We/ge/ commented if the Board implements a program which modifies solid waste collection to any extent, has Suggestion would be to also authorize the County Attorney's Office to make minor modifications in the Solid Waste Mandatory Collection Ordinance and to the franchise agreements. He said that would resolve any questions regarding the definition of solid waste, which currently is defined as an aggregate of many components, including yard trash. Page December 10, 1991 Co~misoioner Volpe divulged he ts reticent to amend the Ordinance · ~':0n what, at this point In time, la a pilot project. Assistant County Attorney Welgel indicated he will ensure the necessary minor modifications and the franchise agreements have the flexibility to merely recognize that there is a distinction to be '](;- .;Implemented In the administrative program He offered the alternative of setting a date certain, i.e., In slx months, upon which the County Attorney's Office would return to the Board with the modification or a report. Michael Kennedy, General Manager of Waste Management, Inc., sup- ported Staff's ~roposal. He said his company feels the ordinance would have to be modified for the protection of both the County and · Waste Management. He indicated his company supports the proposal as a .!.:,..' pilot program, because there is no Information available now to be "~',i.. able to support any certain number of collections per month. In answer to Commissioner Hasse, Mr. Fahey stated $20,000 of the -';:" ~:- recycling grant funds is in the budget dedicated to promote the con- _.... cept of home composttng and the use of mulching mowers, He said the .:.. end result of that program is to reduce the amount of yard waste ~ ~atertals ending up In the wastestream, which also diminishes the need .... ;" 'for the proposed program. Commissioner Haase suggested those funds be combined with what being requested for this program for publicity. Keeth Klpp, Recycling Coordinator, explained of the $20,000 going "to the Extension Service, approximately $12,000 will be expended on a horticultural recycling garden at the new complex on Immokalee Road, which will educate the public on the benefits of home composttng and ~ulchtng. He said the remaining $8,000 has not yet been earmarked, ~nd Staff has been awaiting the end result of this proposal to the P.~lsmmt~t~. Sh~n~h~n ~ove~, seconded by Commtsstommr Volpe, to ~ the Ir~opowed Yard ~ts l~cycllng l~ogram of one daf a ~onth u · pilot ~rogram; Staff to evaluate and ~on/tor the need for ~ddi- Dac~b~r 10, lOgS that clear pluttc bags be used fo~T~t~ tr~h collect/on; that Staff appeal or reeubalt the appltca- tlon ts ~ f~ e~maptton; that m/nor ~odlflc&tlons to the Ordinance sad tmaeht# ~gree~ente be made; and Staff to ~upport the lobby of modlflcattoa~ to the So21d Wute Act at the State level. With regard to the promotional budget, Commissioner Volpe .... ;,questioned the effectiveness of mass mailings to the general public i~,~5' /.vm. other forms of promotional opportm~tttes such as P~bltc Service F Announcements (PSA). Mr. Ktpp stated emphasis has been placed on direct mail because Staff is hoping to educate res/dents along the same lines as was done with the recycling program, with two mailings. He added direct mail ie also a way to ensure that res/dents are receiving Information. He commented if Staff utilizes a combination of the Speakers Bureau, PSA~e, speaking engagements and news releases along with the direct mail, it ts hoped that everyone will be notified. "~'--* Commissioner Volpe reiterated that tn his opinion, $15,000 is too . ~.. expensive for two direct mailings. Opem ~a/l for the question, the motion carried 4/0. eeeDepUt~Clerk Bofi~tn replaced Deput~ Clerk ~;ln at this Community Development Services Administrator Brutt advised that this item is a request for an extension of conditional use for St. John's Episcopal Church. He indicated that last year a provisional use was granted for the church, however, the Land Development Code allows a continuation of the conditional use provided that the reclueet made within one year of the time it was previously granted. Mr. Brutt stated that the church ts in the planning and fund raising process, noting that staff and the Planning Commission I, . con~.d' F Cc Pmgo 3.6 · Co~tt~ Development Services Admtn/stra~or Brutt stated that Dr. ~* · Neno Spasm of F/or/da Urban Institute, Inc., As re~estAng an exten- '~-"' m/on of a condttAonal use for New Hope MAntotrteo. He indicated tha~ · '.j~,~[~ ,the first conditional use was provided tn January, 1991 and a one year ~.'~.:[~,~'[extenslon ts repasted. ,~-, .... Hr. ~tt e~1alned that church 1~ In the process of f~d · ~f~?~d pl~ preparation, nottn9 that a site development plan has been ~:~*:mend the one year extens/on. -, ~1~ 4/0, to ~~ t~ ~o1~ of t~ Conditlo~l Uae to PmtAtJon PU-90-14, therab~ mdoptAng Roma/ut/on 91-804. Page 18 [OTIS 91-805, "12" O~ ~ ~ A~Z~~ D~S~ZCT Pla~er Milk presented copies of t~o adopted resolu~iono ~hich 'prevAouol~ approved the subject petition, with stipulations that have .~}~:~<~.been carried fo~ard. J~[.. Mr, MIlk affArned that this petition was approved to const~ct a ~:*:~'~/;E285 ~oot self-~pport/ng teleco~Aca~Aon to.er, a 30 foot x 12 foot e/ectron/c e~tpment room ~d a dr/veway access from SR-29. He noted :that thi~ conditional use will expire on December 12, 1991. ~:;~.[~::[~:: Mr. Milk reported that existing zoning off the subject site /;~A~A~ltural ~d has ~ area of critical concern overlay, spec/al ~,~;?treatment overla~ ~d Florida p~ther habtta~ overla~. .... Hr. Milk adv/sed that the petitioner /nd/cares tha~ due to the length~ delays enco~tered tn obta/n/nG var/ous ~ederal, Stats and Co~ approvals ~d permits, tt Is not possible to be~ln construction pr/or to the e~/rat/on of the conditional use extension. Re noted ~*that the back up mater/a/ Includes correspondence between the pet/- t/omar and Federal, State and County agencies. Planner Milk reported that GTE ~ubmitted a minor sate development [.!i::??~'i/! plan dated November 4, 1991 but th/e was placed on hold until the )*"!'i?:*i'~pettttoner received a South Flor/da ~ater ~ana~ement District (S~D) ~d~ftcatton permit. He noted that two meetings have been held w/th J~Ctk: Development~., Services staff ~d S~D staff and they gave approval for ~ early ~rk perntt which allo~ed staff to rev/ew thio partt~lar :appl/catlon. provide a time specific as to when the operation of the tower be concluded and then donate the ent,r, s,,e back to ~h. state. is co~lst~nt ~lth ths d~v~lo~sn~ r~latlons of ~h~ .~.~jz;~..-" December 10, 1991 :'~-~J%;:.;Co~aunicatton Tower Ordln~ce. ~e revealed that ~taff reco~,nd~ [~:~japprov, 1 of the conditional use extension. In response ~o Co~sstoner Hasse, Planner Milk reported tha~ The 30' x 12' bu,~d~ng ,s proposed to house ~T~'. d~spatch but ,~ large enough to acco~oda~e another competitor or S~a~e or Federa~ agencies ~[~,~/~-'~e~p~en~. He noted ~ha~ ~he unit ~, ~arge enough and secured with door ex,ts to allo~ additional capacity. ~. Robert Kersteen, of GTE Nobl~net Incorporated, sta~ed ~hat f~rm has a 50 year ~er~ and at the end of ~hat ~me period, ~he .41 acre~ ~u~d rever~ bac~ ~o The Nr. Paul Rod~nsk~, off ~123~ Tr~nlt~ P~ace, explained tha~ ~ch ~:C~esearch has been conducted b~ severa~ companies ~hroughout ~he Un~ed related to C~cer, A1zhe~ers, Do~s S~drome, Le~em~a brain "t~ors, etc. He ~nd~cated that the newspapers w~]l not report these findings because of GTE~e full page advertising. Mr. Rodlns~ suggested that staff learn from other states what ::~.J<Federal Gover~ent has been suppressing the truth relative to this t~ce of electroma~et~c waves and the dosage of same. He expressed that s~aff has collected sufficient Information re~rlng that the Co~testoner Goo~tght explained that this site ts one mile mouth Alligator Alley and 285~ west of SR-29. She c/ted that the closest ~t~c~re to this stye ts the Forestry Tower ~d a :Junk yard on the op~lte side of the road. '.-.-~vtdes that these st~c~res ~st comply ~tth the latest, to date up l:~?;.:.Federall~ accepted et~dard for radio active or electroma~ettc ~avee. noted that tht~ ~ten~a complies w/th that criteria. He pointed ~:out that ~r. Rod~ne~ ~e epe~ng about other applications ~n the '."' ,~<.¥;.:...... ~:: ;: .~-::':.:, .. ,~>~,*-'"?*~ ~. , , ~ :~, ,~, . ~ ~~.~ ~.~ ..... ,-., r~-.~:~ ~ ."- - , I ' ]?: Ase~st~t County Attorney Wi/son advised that Items ~gA, *9B and ~,- ,. ~:~,'. '~ first. ~~':> Ms. W,,son explained that Item ,gB ia tho resolution dissolving =~(~];"~the ~rrent1y sitting Tourist Development Council (TDC). She recalled that the ordtn~ce creating the TDC was also the ordinance that adopted a pl~ ~d levied the t~ and re,Ired that t~ be submitted to referenda. She noted that it does not permit the current TDC to come ~!,[,,;.; ~p with a n~ pl~ or perform the functions that are presently h~..;,t::,, ~rr~ted. She re~ested that the Co,lesion adopt the resolution ::~?. "which ~ould conclude the terms of the present members. In res~nse to Co~tastoner Volpe, Ms. Wilson stated that the · ~3,., :. Co~taaton ~ay adopt a new TD~, or reappoint the ~rrently ~t~t[i~ ~bers tn order to accomplish the thtngs that need to be done. ~r ,: Ms. Wilson explained that Item ~90 contains two ordinances: :.? ':. Attac~en~ "A" Is a at~dard ordinance which must be advertised for '~-:~ ., ,~ .. ~{,~:.,.,.~bltc hearing; ~d Attac~ent "B" Includes emergency lan~age. She ;i~?'t;' ~' noted tha~ ~he two ordinances create a new Tourist Development ~'~} t'~ouctl ud provide specific direction as to wha~ they are to do and ~;.. when they are to do it. Ns. Wilson advised that the Cowry Attorney's office reco~enda ["'~.that the Co~lsston hold tn abeyance its decision regarding the ordt- n~ce creating a new Tourist Development Co~cll until such time that ~,a special act can be submitted to the Legislative Delegation to -accomplish through curative legislation the approval and validation of '//.the collection of the monies that have been collected thus far; and ~(,,mpprove the Board's procedure in accomplishing that fact. ?:t ASsistant County Attorney stated that new Information has been ~:, ;.',received since the preparation of the executive summaries. She ,~l~.~?,..i'indicated that the County Attorney's office ts recommending that the l}~,~,,~Co~aisston adopt a resolution ~lth a special act ~htch calls for: ",;~on ~d ~e~en~on of ~he ~ou~s~ ~ f~ds tha~ have been co~ec~ed .il ,es far. She s~ggested that the resolution be adopted but that flexi- T,,', btltty be provided as to the form of the special act and the timetable :,for submission to the Legislative Delegation. She noted that greater purpose may be accomplished by handling this by a general act, basi- cally an amendment to the State Statutes. She remarked that the Regular Session of the Legislature begins on January 14 1992 She pointed out If a special act ts submitted, which applies only to Collier County, there isa 30 day advertising period. Tape Me. Wilson called attention to the ordinance, creating the new TDC, and noted that Section One states .... "It is the intention of the Board of County Commissioners to consider the enactment of an ordi- .).;,;.nance levying and imposing the Tourist Development Tax." She reported .that Section Five sets forth the Responsibilities and Duties of the 'Council. She revealed that these are new provisions which were not included In the previous ordinance. I~.~,~.~;,.' In answer to Coamtastoner Hesse, Ns. Wilson indicated that the : -.!.;~r,lgtnal ordinance followed the language In the Statutes but at the I'd?["'time the TDC was appointed in 1988 there was no urgency conveyed in Ili~i:. ho~ soon they would come back with a plan. Ns. ~tlson pointed out that Section "B" of the ordinance allows ~.iha Board to dissolve the TDC if they do not do as directed, and take necessary legal remedies. ~ Commissioner Yelps stated that the ?DC has worked reasonably well ~uld has a sense of the plan that the electorate ts looking for. He ~-'.i,suggeste~ that the existing ordinance be amended.to provide for the tslatton aa proposed to address the Issues that have been /den- ::it/fled during the course of litigation but not get into the process of ;':Yeoltctting new resumes and appointing new TDC members. Page 23 i, ~ ,~, December 10, 1991 m:~?~.~Co~mieeloner Yelps and noted that the TDC amst realize that it is an I~:~'.'advIsozT board to the Co. lesion. ..~:~:~" ' Co.~..~one~ VeSpa tepo~ted that the .elect~on of a new ~DC could ~'<~'?'~:< Ms. Wilson e~latned that she feels it ts Important to pursue the '~j?.:.,' ~rattve legislation. She noted If the Co,lesion desires to hold the ~i-~i[resolutton dealing with the dissolution of the TDC until that time, '~g(-:.she sees no p~ob~ea. She stated that the new ordinance and an ~ended ~,~,f.',:.ordin~ce could be considered at a later date, ho~ever, relating she ~,~ -ts ~able to advise as to the legal ra~tftcattons. She remarked that ~.. ~,,, ,:'~. ~t ~ Ve~ ~epo~tant fo~ a County pe~son to coordinate "~?(~ Representative Hawkins and Senato~ ~d~ey. ~)~'/: Co~lsstoner Volpe ~nounced that Senator ~dle~'s idea ts that of ~":..a local bill as an alternative to a general la~. ae revealed that the I~/]:/~,pertod of up to twelve months, the funds that have been collected and ~{~'[i }%.[the ~atter ~uld be resubmitted to the electorate ~d if new legtsla- ]~{,". '~tion is approved, the ~onies tha~ had been collected could be ~ed ~nd ]~.~,~ ,. f~l the County .ould be obligated to return those ~onles [;~'[-.'.'mhould be appointed with an ordinance that the County Attorney's . '.,~ '.' office ts comfortable with. He indicated that Ms. Hawkins and Senator ,~}':,~! Dudley and the legislative body should determine the best course of :: Ms. Wilson clarified for the record that ltea 19C deals with ~g~nd~ i ' ~ ordinances that are being lined up for the future but will not be I~~:' ';, ~ I~ce~be~' 10, 1991 **~*: ** Co~t~lone~ Vol~e ~ema~ed t~t the o~dtnance ~tll not be 'tt~d ~tll a determination has been made that the spec/a/ act may not ;: ~ ~cces8~l. Re ~esttoned when staff would begin to solicit reou- ., meo for n~ members. ~.?[; M~. N~loon advised tha~ t~cally the advertising per~od ?:. a~t · ~nth, ~d noted that the ~bllc not~ce to solicit re--es c~ld ~ done at the she time. ~' .~' Page 25 ~,!~ ~ . December 10, 1991 for public hearing at the earliest possible da~e, or ~n t~o event of ~ emergency, that the Board have the opportunity to adopt the '::?/::emergen~ ordin~ce which is Attachment "B". The discussion on this Item was held in conjunction with Agenda I,!~:~!. ' tmz~S~t rix r~ferendnm ~nd v~li~ting collection ~d ret~tt~ el the I~./~:~,'1''~ ~;,..~t~la t~ ~. .~,~'f. In re'on., to Co./..,on., Yelp..... Wilson called attention to gene=al ac~ and re~ested that etaff be given the flexibility to l~:{.'"'ft.~ with the .embers o~ the Legislative Delegation, noting that there ~ / ~:.,, i~.1'~?":':~$~:,..~/;?, ,. Co. Isotoner Volpe e~lalned that he ts not comfortable with dele- I~?~:"gating thi. re.pon.tbtli,y to .tall and .ugge.ted that the Chairman ,o, ,,. .c,. ,~.'. ~t~ 41o. ~',~ .... ~OT~: ~SOLUTIO~ ~OT.,~C~I~9 I~ ~ CLE~ TO ~Oa~ O~ICE I~?':-' . ' AS OF A~IL 16, Page 26 MAIVI3~ OF FORMAL BID PROCEBS ;.ND PURCHASE OF TABLES AND TABLE CADDIES Tom Conrecode, Director, Office of Capital Projects Management, expounded that the request is for sols source approval to purchase i.stxt¥ multipurpose tables with a guaranteed life of five years at m 50X discount. Tom OlllTf, A881stant to the County Manager, explained that the proposed to be purchased are adjustable In hetG~ht and stack to ;:enable ease of handling by staff. :[.. Commissioner Shanahan sugf/ssted staff continue to eeek out ways to 'help unemployment and/or VO-TECH throutlh purchases such as this. COIfl]~ol~ Shacnahan moved, seconded by Commissioner c~l~ 4/0, to ~r~ ~r of tho feral bid proc~ ~~ of e~ (60) tables ~d o~ (6) table c~d~eo ~C'~.;:~i~ 4/0, to ~~ the ~in ti~ fo~ l~to ~48091. ~l~ ~B 2, 5 ~ 6 OF SlCTION 2.1.B.3 OF ~ ~ ~0~ CODE ~ ~~ ~A~D ~ST OF V~ILT DRI~ ~ ~0~ OF ~ ~~ ~Y W~ IN SK~ION 7, ~IP 48 SO~, W~ 25 CO~i~ 14.74 A~S NO~ OR LESS - ~~ ~ ~GES Legal notice having been published In the Naples Daily Ne~8 on November 20, I991, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened to consider an Ordinance pro- ' .';vidtng for the establishment of a marina, yacht club and private club ~%~Cfor property located west of V~derb~lt Dr~ve ~d 8outh o~ the ~~.'~'..~ ~a~J~a, con~ainJn~ J4.7~ ~c~es, ~o~e o~ ~ess, and ~o~ ~s 000. . 57 .' Page 27 ,~i'~c~ ; December lO, 199! f~,: Planner Nine explained the previously approved Development ~(~Agreement ref~ecta a statement by the Board of County Commissioners acknowledging that 130 units of multi-family housing will one day be established, together with a yacht club and 190 boat sltp facility. ~.:~.._ County Attorney Cu¥~er announced that a new provision in the Land ?.~...'Developuent Code requires sworn testimony on Conditional Uses. Re requested that everyone intending to speak on this item, including the public~ Petitioner, and staff, stand to be sworn in. Commissioner Goodnight swore in those standing pursuant to County .Attorney Cuyler's request, including staff. ' ![~i"/~ '. Planner Nine reported this Petition passed the three part test ----' '~-ffi~.Y~:.~'gtven for a Conditional Use, i.e. is it cons/stent and tn compliance --:'~'" '--.B~i?~,,ii,..-.TM. tO support thi. kind of 1.nd ti...ctivit¥, and. mo.t i.portantl¥, ~ter le available ~o this ~tke, whAch is within a relatively short ~'~ dist~ce of a fire station to be erected tn the ve~ near future. late and ficlent >'~v~l o~ ~te~ ~n~ ~tll not b. ~~ ~tth tht~ P~tttton. ~;'::~:tton ~d d~cel~ratton l~es, and a flare-out l~e, as ta the case with [~'. ,,;*all access ~tnt, along Vaderbllt Beach Road. He stated the Collier ~'..':qo~ Planing Co,Isaiah CCCPC) ~tmously endorsed this Petition [~j~.'.'.tt its seating after learning there Is no public opposition to '> He r~ealed there is one change re~ested by the Petitioner's repre- ~i~ 8entattve to stipulation ~2 of the Agreement Sheet, and proceeded handout alleged ~o be the proposed chang, (copy not ~f~}' Vlded for the record), fie confirmed ~he proposed change As acceptable ~:,;;'~:::~ to staff ~d excludes the provisions of the Development t~reeaent. ~:'~ ?:-" ' ' ' ~c:.=,-~: ~eale~ s~a~f o race.anderSon ~s for approval of Conditional Us :' g~-~6 w~th the .~pull~ona con~a~ne~ w~h~n ~he Agreemen~ Shee~ W~h ~ha no~f~cat~on to et~la~on ~2 of same. He eu~arlzed ~ha~ Page 28 December 10, 1991 is~aff's recommendation for approval Is the provision which will allow i ~ a yacht club of 35,000 sq. ft. to be built on this property, part of ~:'.' .which apace could include ten guest suites and various types of dining facilities that, tn effect~ would provld~ for a seating capacity of 599 · i~?":~'., In response to Commissioner Hesse, Planner Nino verified this ts a ,X!..prtvate club and private marina which sells memberships outside the "~° 'COmity. County Attorney Cuyler interjected that the Petitioner ts ';Interested tn ~aktng sure to Incorporate provisions dealing with sub- sequently adopted regulations In lieu of current regulations. He indicated a need to insure the language does not In anyway cause conflict between what the Board of County Commissioners might propose as a stipulation today. He suggested that additional wording should i~ be added to the underlined language proposed in the hereinabove ~;.i referred to handout such as "subject, however, to the provisions of '' ;the Development Agreement relating to subsequent regulations". He ~ ~:indtcated Petitioner Is agreeable to this additional wording. He ela- !:ir. borated that the Development Agreement talks about vesting In general 'i!and there is a need to tie this to certain vesting provisions that 'they have against subsequently adopted regulations under certain car- ~cuastances. ,. In response to Commissioner Shanahan, Planner Nino explained the issue of the $134,000 commitment contingent upon approval remains aside from the granting of the Conditional Use, I.e. that financial :'~' commitment Is still required and in effect, but is not part in parcel the Conditional Use. zn're~ponss to Commissioner Volpe, Attorney Don Ptck~orth voiced his belief that there is a prohibition against live aboards contained within the documents and, if not, agreeing that one will be added. In answer to Comtsstoner Volpe, Attorney Ptckworth stated the :'!:guest suites are strictly for the guests of members and are not to be :,:;:Operated as a commercial motel-type of operation. Page 29 December ~0o lgg! In reply to cements by Co~lsstoner Volpe and Planner Nine, Tom Olltff, Assistant to the County Manager, verified the Development · i/. Agreement strictly prohibits fueling facilities. He concluded that the Development Agreement and the Agreement contained in the agenda ?:-..' Package are not in conflict regarding the fueling facilities. i?,.::i::!:',i. Pla~ner Nine stated staff was not aware of an inconsistency ~,r. egardtng fueling facilities. He suggested that, if an inconsistency does exist, Petitioner may agree to have same deleted. Be confirmed that stipulations promulgated by staff do not permit dry storage or ' . provisions for boat launching or repairs. Alan Reynolds of Wilson, Miller, Barton & Peek stated the fueling i..tlpulatton was requested by the environmental staff prior to comp/e- !tlon of the Development Agreement. He concluded the stll:mlatton ts : no. longer required and o~m ba sltmtnated, lie co~ented this site ': ~'meets all four of the priority ranking criteria contained In the ~omprehenstve Plan. ;:.i, Pursuant to cements by Commissioner Volpa, Mr. Reynolds stated Development Agreement requires Petitioner to provide access tmpro- '.[vements. Including turn lanes and median crossings. Planner Ntno interjected he feels it appropriate to add the sttpu- : latton, even though it ts contained In the Development Agreement. Inge Johnstone, Director and Acting Treasurer of Wiggins Pass Conservancy, read a letter written by his organization expressing sup- port for the proposal by Westinghouse Communities for a high quality :.'~;': living and recreational facility at Conk/In Point. Art Jacob, President of Vanderbilt Beach Property Owners Association, reported a poll of his board and many of the members that the proposed yacht club will not adversely Impact the b~ wirer or by land. ')¢ '~tM 4/0, to clm t~ ~bllc ':..;~/.- In re,ones to Contaatoner Yelps, Plier Nine ~ggested adding. "~est ~tt, for the pu~oses of this Development Agreement, does not -,'~ ~ Page 30 aciUde a full housekeeping unit", re~ponss to Co~tss~oner Volpe, Nr. Re,olde read Provision T.4.~5 tn the new Land Development Code a~lowlng for extension of the December 10, ]991 i.e. they cannot have a kitchen ,~onditional Use. Ccmm/~Aoner Shanahan moved, seconded t~ ~ ~~ Ante ~tmce ORDZNA~CE 91-106 Xtem ~12&X .P~TX'A~ON CI~-g/-DRZ-I, WZLLXA~ R. ~ ~ VX~S ~ ~S~ZA~, 1~C. Legal not/ce having been ~bltshed tn the Naple~ Datl~ Ne~s on December 4, 1991, as evidenced by Affidavit of l'ublication filed with '['(;.the Clerk, public hearing was opened to consider Petition CP-91-DRI-1, an amendment to the Future Land Use Element Text for the Activity Center Subdiatrict. Planner Elly Sots explained this ts the second public hearing to the plan amendment for Tollgate Plaza. She related that ~ch an amendment will allow light industrial land uaea within the !.~lnterchange activity centers located at X-Y5 and C.R. 951 and within the. Southeast and southwest quadrants of X-T5 and I~okalee Road. She .~r~vealed that the.Collier County Planning Commission (CCPC) reviewed PaGe 31 December 10, 1991 proposed amendment and recommended approval of same. She relayed recommendation for approval of the amendment to the Growth Manmgement Plan, adoption of the Ordinance approving same, and to :authorize the Chairman to sign a letter submitting the Plan Amendment t° DCA for compliance review. Commissioner Volpe announced he has a small beneficial interest in a piece of property located at this activity center and, therefore, ':,will abstain from voting on this Issue. He recognized the fact this '. :~.~ay create a problem for the Board of County Commissioners due to !,,:',Commissioner Saunders' absence. > County Attorney Cu¥1er pointed out the need for four votes on this 'iSsue. He suggested discussion take place today with the understand- ii,~,.,'ing voting will not occur until Commissioner Saunders' return next ' ~uesday. i:~',!il , Willimm Vines explained this application is not related to Just [the one activity center representing a conflict for Commissioner Commissioner Volpe reiterated that he will not vote on this issue ; and left the podtu~ during discussion of this item. ,,,~. George F. Keller, President of Collier County Civic Federation, · ,:,ii'stated It will be a mistake to allow these activity centers to become i ;',,big stops as degrade quality activity centers truck it the of the 'as well as the residential areas developing around same. Commissioner Shanahan relayed his understanding that light ~ Industrial use ts what Is being considered, and Planner $oto confirmed that ia correct. ,:- Planner Soto stated that language proposed by staff and the appli- cant provide very stringent compatibility criteria, landscaping and "buffering requirements, as well as certain restrictions on land uses. Timothy P. Cannon, representing Florida Department of Community Affairs, stated he largely Mote the report transmitted regarding objections and recommendations by his organization. In response to Commissioner Shanahan, Mr. Cannon explained that in Page 32 :"¥" December 10, 1991 , Case. of this particular amendment, it appeared, upon looking at the aquifer recharge areas map, at least one or two corners of the gee might be in a high recharge area and pose a potential for contamination of the groundwater necessitating possible restrictions County Attorney Cuyler recommended continuing the public hearing. ;'/. Mr Vines explained the language of the new Growth Nanagement Plan '"'~,,~ ~nd SUbsequent adjustments to the C-5 Commercial and lndustrtal ~['i, ; District ~ade this application necesoa~ for clarification ~rposea. " ~t), ~ ~t~ t~ ~bl/c ~lng for ~tttt~ C~91-1l-1 ~ttl ['~ ITs 1991. Page 33 December lO, 1991 O~-IOT 6qt~ATl~ T~X FOREST LAKES ltOAI~AY AND DRATH~ NONI~Pa~- ~~ T~ ~ - ~~ ~ ~D ~ AT ~T Legal hOrAce having been publAshed Afl the Naples Dally News on Novembd'r 20, 1991, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider ~n Ordinance creating ~i'~]~;the Forest Lakes Roadway and Drainage Nuntctpal Service Taxing Unit "(MSTU). Thomas Conrac.de, Director of the Office of Capital Projects ,~ ~'.. Management, reported receipt of petitions demonstrating 63~ In favor of creating the Forest Lakes Roadway and Drainage Municipal Services ,,~/j'~ Taxing Unit (MSTU). He stated there was some concern regarding par- 'itIcipation by Emerald Greene at Forest Lakes and Fairways at Emerald Greens in the initial improvements as opposed to ongoing matnten'ance )rovementm, :In reply to Commissioner Rases, Mr. Conrecode confirmed there was ~c°ncern about the drainage in the area as well. -'~" ~ The following persons voiced opposition to exemption of Emerald Greene at Forest Lakes and the Fairways at Emerald Greene from the iPr°poeed Forest Lakes Roadway and Drainage Municipal Service Taxing unit (KSTU): ' 'JR°gar Sum~ervtlle, President of Turtle Lakes Condomtnttm Assoc. ~_. representing 445 units '' James R. Dalton, President of the Carlton Association on ~uail Forest Blvd. *'Russell Ralston, President of Quail Run Golf Club **'Edward F. Hay, President of Forest Lakes Condominium Assoc. ?eS**Robert Menztes, representing Woodshtre Homeowners Association (~. *Stated hie organization was forbidden by Emerald Greens at Forest to circulate a petition. ~::. **Representing himself and his club ,:~$**Indtcated he has more signatures with him today i!*.***Stated his clients (Woodehtre Homeowners Association) want to pay 1 mill if It will be for all the necessary Improvements to the entire subdivision but, if It if Just for the entrance, they want to participate in the maintenance only and not the 1 mill: ;. Reasons given for opposition Include: Residents from Emerald Greene at Forest r. akee and Fairways at Emerald Greens will be using Mln entrance they do not want to financially support; Fairways at Greanm was the culprit creating some of the drainage problems and subsequent road breakup and should, therefore, not be granted an ~?xemption; and the concept of the MSTU (Municipal Service Taxing Unit) perfect to do the whole subdivision and everyone share in the cost. Mr. Conrecoda relayed staff's opinion that future traffic plane .;[..will impact on the Fairways at Emerald Greene and Emerald Greene at Format Lakes to the point where they should be a contributing party to improvements made at the intersection. %? William Gluck, Chairman of the Building Committee at Emerald :.Greene, requested that unit owners at Emerald Greens at Forest Lakes '.~and at Fairways at Emerald Greens be exempt from paying the capita/ 'improvement costs associated with this pro,act. John Lee of Community Development Corporation, while voicing sup- .i:~ :port for the concept of the MSTU (Municipal Service Taxing Unit), with staff's in,rial recommendation regarding an exemption for one year from the proposed MSTU (~unlclpal Service Taxing Unit) for Eembers of Emerald Greens at Forest Lakes and Fairways at Emerald Greens. '~-... '~ Coelllsio~r Volpe ~oved, seconded by Commissioner Shanahan and ~i~:,.','carried 4/9, to close the public hearing. ~.~dseleae~ Yelps moved, ~econded by Co~immtoner Hesse and 4/0, to ~r~ t~ creation of Forest ~es ~ ~d ~al~ (M~/¢tp~l ~rv/ce T~lng Unit) without ~e~pt/ng the Fairways at and Emerald Greens mt Forest Lakes, thereby ~ioptlng ORDZW~ 91-107 AN ORD~ CREATING TE~ FOR~ST LAKES ROADMAYAND DRAXNAG~ ~CIP~ ~~ T~XNG ~XT; ~OVXDXNG ~R X~ ~ ~ T~G A~0RX~; ~OVXDXNG ~R ITS G~NG ~~ ~ D~INING X~ D~IE8 ~ ~S~NSIBILITIES~ ~OVIDING ~~ DA~. ~: S:S0 P.M. - R~n~: 3:45 P.M. ~ Cl~k ~tn r~lac~ ~ Clerk December lO, 1991 F&'I~L~OI IR:ID-gl-lO, N/~ ~KZ O~ A~OLX, ~ ~ ~G~, ~ ~~ OY 280,000 8QU~ ~ ~R ~0~ L~A~ ON ~ ~ ~ O~ AZ~-~LXNG RO~ (C.R. 31) ~ PX~ ~ (c.a. sss) co~~ ~s.~ A~S ~ Oa ~SS - C~~ TO ~/~7/~ Legal notice having been published tn the Naples Dally News on November 20, 1991, as evidenced by Affidavit of Publication filed with '-:';L(.the Clerk, public hearing was opened to consider PUD-91-10, filed by Fernandez of l~nolt, Barber and Brundage, Inc., representing :.:[.:N/Ilia Schweikhardt as Trustee, Falls 89 Limited Partnership/The , Ltd., requesting a rezone from PUD to PUD for a commercial development of 280,000 square feet for property located on the south- corner of Airport-Pulling Road (C.R. 31) and Pine Ridge Road C.R..896} In Section 14, Township 49 South, Range 25 East, containing ['~5.4 acres more or lees. County Attorney Cu¥1er advised the Board that this petition a super majority vote and the petitioner is aware of that requirement. Ne said tn the event the petitioner requests a con- :. t/nuance during the course of this discussion, the Information ~ust be :ipresented again for Commissioner Saunders to participate tn the vote. i lengthy discussion ensued concerning whether or not to hear ?.:.Pet/t/on PUD-91-10 or continue the item until a full Board is present. It ~ th~ ~ to continue Petition PUD-gl-lO to t]~ le~tt~ ~o£.D~c~ 17, lggl. Legal notice having been published in the Naples Dally News on November 24, 1991, as evidenced by Affidavit of Publication flied with :'~.:'the Clerk, public hearing was opened to consider Petition FDPO-91-3, flied by Robert Hall of Cuffs Nestea/The Architects Studio, Inc., December 10, 1991 !representing Barefoot Beach Associates, Ltd., requesting a variance ~'!~i! frou the minimum base flood elevation as required by Flood Damage ,'Prevention Ordinance 87-80 for Lely Barefoot Beach, Unit Three, a Subdivision recorded in Plat Book 15, Pages 55 through 58 of the ' public records of Collier County, Florida. '. Planner NUlhere presented Petition FDPO-91-3 in which Robert Hall ~..[!i~of Curtes-Neares, The Architects Studio, Inc., is requesting approval 'of a seven-foot variance from the mtnisnm required base flood eleva- tion of 14 feet for property located in the extreme northwest corner , of Collier County, known as Lely Barefoot Beach. He said the subject ,parcel is located on the west side of Lely Beach Boulevard, east of :)i.:.the 1974 Department of Natural Resources (DNR} and Collier County 'Coastal Construction Control Line. He advised this is a residential tract of Lely Barefoot Beach PUD and ia located on both sides of Lely Beach Boulevard, currently containing three completed six-story con- :'"doainiuzm out of 12 proposed, with five more ~urrently under construc- ![tion. He indicated the pool restroom facilities are proposed to be ;.located approximately 15 feet southwest of Building ~6. He reported all co~ments of the necessary reviewing agencies have been incor- porated in the analysis and recommendation. )i' Pl~n~er Mulhere communicated the Florida Administrative Code >' .~equires reetroom fac/l/ties in support of the pool facility to be located within 200 feet of the pool facility. He explained tn i) "%his respect, the petition has a certain amount of flexibility in ::]!;,locating the required restrooms. He said the petitioner has provided f'~nforlmtion that indicates the location of the pool facility is a · ~.~re~ult of the DNR perm~tting process, and satisfies DNR concerns regarding short, parallel coverages. He mentioned in order to ..' [~arioue State requirements, there does not appear to be any alter- ,'~'~ativelocatlon available for the proposed pool facility, however, the ~!ijrestroom facilities are provided flexibility. He advised in Staff's ~in~on. locating the restrooms on the first floor of Building ~6 will ~o~ affect the view of any residents. He called attention to infor- Page 37 December 20, 1991 in the Executive Smamary provided by Ken Pineau, Collier ,~'i[~:,C°untyOs Emergency Management Director regarding flooding and tnun- ;,,.??darien by sediment at various storm levels. He concluded Staff recom- mends denial of Petition FDPO-91-3, because it ts Staff's opinion that the applicant's concern over changing the location and/or height of the proposed structure, requiring a revision to the DlqR permit, does -not constitute a hardship, nor demonstrate good and sufficient cause for the granting of this variance He mentioned the applicant has i!,'~.expreseed concern over preserving the views of first floor residents , '~of Buildtng #6 and potential legal consequences for residents whose view8 are adversely affected. In response he said, Staff suggests ,.that foresight during the planning stages of this project should have revealed these potential problems, and alternative solutions or loca- ", ttons should have been explored prior to obtaining the DNR permit, and prior to selling first floor units tn Building #6 with a view, based on approval of this variance request. He reiterated that a viable &lternattve would be to locate the restroom facilities on the first floor of Building #6, which would neither obstruct the view of rest- dents nor require the stttng of the pool permitted by DNR, to be .}~'i'. revised. He reminded the Board that any variances granted by Collier County are subject to review by the Department of Community Affairs ' (DCA) on behalf of the Federal Emergency Nanagement Agency. He said co~ranlttes which do not adhere to the requirements of the Federal ~" Emergency Nanagement Act as well as their o~n respective flood damage 'i?' prevention ordinances, may be sub~ect to suspension or expulsion from ;.'.the Federal Emergency Nanagement Act Insurance Program. Responding to Co~tsstoner Volpe~ Robert Hall~ representing foot Beach Associates, Ltd , stated the pool and reetroom facili- ties ars proposed to be located approximately 150 feet from the mean high w~tsr line. He said the pool has not yet been constructed. He ~lained they propose to locate the restrooms within easy proximity ~i°f the pool and at the pool deck level, which will bs more accessible ~to handicapped individuals. :..,-.. [[ 70 Page 38 December 10, 1991 .C0aaissioner Hasse inquired Af the possibility exists that :flooding in the area would cause salt water intrusion tnto the ireetrooms proposed by the applicant? Hr. Hall responded in the affirmative, however, possibilities have ~i'~:been explored with Staff to install some type of flood actuated gate valve that would keep that from happening. ;[,i:~.. In anm~er to Co-missioner Hasse, Hr. Hall stated the sewage goes i~;to the main sewer collection for the entire site, which te part of the Planner ~ulhere mentioned that ts the reason for Project Review 'Se~tce~~ reco~endatton for denial, because of a concern over an '?*~tn~datton of the s~ttary sewer system during flood conditions. ,~atd there ~ or ~ not be ~ome sort of backf]ow preventer system to address that problem. ~;~; .Nr. Hall clarified the project already has backflow preventers whlch keep the sewage from comtng out of the line and into the water. He ~atd it Is a ~ch different task to keep the salt water from coming into the 11ne ~d cont~tnattng the sewer ~stem. Co~tsstoner Volpe ~esttoned tf Utilities Staff has ~nvestlgated Planner Mulhere said he spoke with John MadaJewsk! whose emphatic ;i,:recosmendation is for denial because there ts no adequate measure to prevent Inundation of the system during a flood. He suggested if the ':Board is inclined to recommend approval, that he be given time to ';:revise the resolution to include stipulations related to backflow pre- etc. Commissioner Volpe indicated he ts inclined to grant the request the understanding that protective devices are Installed in order ,that the sewer system is not subjected to any unnecessary risk. Commissioner Shanahan communicated he ts not comfortable with the ..request, however, because there are extenuating circumstances he may approve the variance ~ubJsct to approval by the Federal W-mergenc¥ :~ 'Hanagement Agency (FEHA) Page 39 December 10, 1991 'Hr. Hall called attention to a letter In the Executive Summary packet from Richard Hayson of said agency, which clarifies the .remente of the National Flood Insurance Program aa well me those i~°f the Florida Administrative Code. He said the letter also Includes ftc conditions under which a variance may be Issued. .'. County Manager Dorrtll suggested If the Board Is satisfied w/th &ll other aspects of the variance request, a requirement be added that il/.at the Site Development Plan and/or Building Permit issuance stage soma type of device be in place, such as a ~anual valve that could be ,closed in the event of a storm. He said the device should be inetmlled so that County Utility personnel could manually close the :"valve when a storm warning ts declared. i'~%' - Contsstoner Volpe disagreed, stating that he would rather there '".be an e~ergency generator, because in the event there ts an emergency :":i~ situation County personnel will not have the time to be responsible for that task. Nr. Hall stated the County Nanager'e suggestion of a man-actuated would be more dependable and be guaranteed to do the Job. Charlotte Weetman, representing the League of Women Voters, con- '**curred with Staff's recommendation to deny the request for variance . because of the possibility that Collier County may Jeopardize Its abi- lity to participate In the National Flood Insurance Program (NFIP). In answer to Commissioner Volpe, Planner MUlhere stated he has eat !;-.:;('..in on ~eettngs during the past year with FE~A representatives, while they reviewed previously approved variances tn Collier County. He said their response was generally favorable, but a few hours was spent ]:.on discussing policies and procedures as well am the previously approved variances. He said FEWA, and DCA on behalf of FENA, takes a very strict viewpoint on the Issuance of these variances as they :.relate .to the requirements of the Count¥°e own FDPO. He relayed he Cannot say whether or not the granting of this particular variance 'WOUld endanger Collier Countyfm participation in the N~IP, he, ever, a O00. . 72 ~ ';. Page 40 ~" ~' December 10, 1991 Proliferation of variances issued without good and sufficient cauee ;,~a¥ t~pact how the County lo reviewed. · ~ais~to~r ~l~nahan ~ved, eeconded ~ C~looi~er ~ ~d ~i~ 4/0, to cl~ the ~blic he~2ng. ~1~ 4/0, to ~t ~lutt~ 91-808 r~/ng ~tttt~ ~t ~f ulu b i~tallg to t~e the Collier ~~t ~tu will ~t b c~tni~tg, prior to ts~ of a '4'. - Page 41 ;.'~ ~ December 10, 1991 '-'~*i i~SC~UT~ON 01-809 ~~ ~~ ~~ CO~TZOR, ~q~l~ A 3.2 ~T Legal not/ce having been published tn the Naples Dally News on November 24, 1991, as evidenced by Afftdavt~ of ~bltcatton f/led with the Clerk, public hearing was opened to consider Petttton V-91-15, 'f/led ~ Nark Norton and Brian Nelson, representing Penln~la ~rovement Corporation re~esttng a 3.2 foot height vart~ce for the "const~ctton of a 9.2 foot wall on Lots 84 through 90 tn Newts Ridge ~.:P~, Phase Z, tn Sect/on 23, To,ship 49 South, R~ge 25 East. ~,, , Plier Bad~tchtan presented Pet/t/on V-91-15 re~esttng a 3.2 .~:'.foot height vart~ce to constrict a 9.2 foot wall on Lots 84 through ~:*"~:~. 90. tn ~awks Ridge PUD. He advised the gro~d elevation at the pro- posed ~11 location 11.5 feet. If measured from the ground elevation, he said, a six-foot ~11 ~uld onl~ be three feet above the road elevation, therefore, the Y:[pettttoner ts proposing to ~tld a 9.2 foot ~all, which w~ld be slx :feet above the road. He reported Staff has determined there ts a real ~?j' hardship associated with the /and, therefore, reco~ends approval. He noted the CCPC has also fo~arded Petition V-91-15 to the Board Co~t~ Co~tsstoners with a unanimous reco~endatton for approval. In ~r to Co~tsstoner Volpe, Planner Badamtcht~ stated the :'~[.;Wall will be behind a landscape buffer. ~1~ 4/0, to cl~ the ~l/c he. Lng. · ::~:[,~1~ 4/0, to Page 42 December 10, 1991 All ~~T~ ~ ZS~, ~~K~ CZ~ - Legal notice having been published in the Naples Daily News on , November 24, 1991, as evidenced by Affidavit of Publication filed with ~'.r.. the Clerk, public hearing wee opened to consider Petition A-91-3, filed by Same8 E. Kurrle requesting an administrative appeal of the ~" Planning/Zoning Director's decision that the petitioner cannot store · )/.crab traps and commercial equipment on his property described as Lot [:i:'35, Plantation Parkway, Plantation Island, Everglades City. Frank Brutt, Community Development Services Administrator, pre- Petition A-91-3, an appeal of the decision that the petitioner ,:, cannot store crab traps and commercial equipment on his property. He Staff received a complaint which was Investigated and · resulted in two issues. The first, he said, is whether or not Mr. Kurrla can store crab traps and other fishing equipment on the site, 'While the second Issue relates to a larger picture. He said in 1974, this particular piece of land and the surrounding land in the area had ~:..i~.a zoning change from Village Residential to Mobile Home Subdivision. He commented although the petitioner Is requesting an appeal of a ..~questton relative to whether or not he can store crab traps on the property, the case itself is much larger, in that the petitioner !','~'admits that he has been a commercial crabber for quite some time. He the Zoning Ordinance prohibits that type of operation in a :~M°bile Home Zone. .... ~;. In response to Commissioner Volpe, Mr. Brutt stated as far as Staff ts concerned, At is not a legal non-conforming use of the pro- perth, because Staff has photographs from 1974 when the property was "~scant. ~:::: Commissioner Shanahan referred to a memorandum tn the Executive CSummary packet dated March 21, 1985, In which Lee Lslrne, who was at '-" Page 43 December 10, 1991 tI~e Supervisor of the County's Zon/ng Enforcement Section, that crab traps can be stored on the property as long as theY are behind the home. Nr. Brutt Indicated Staff does not totally agree with that deter- m/nat/on, because the utilization of the land does not conform to the :cr/terla allowable for a home occupat/on. He added the aerial pho- do not indicate the operation was present prior to the time the zoning was changed, therefore, the use cannot be grandfathered. Jim Kurrle, stated he ts appear/ng before the Board tn regard to a Zoning Department ruling dated January 24, 1991, relattve to the ..[storage of crab traps and the use of a 500 gallon fuel tank on his ~property. He referred to the memo from Lee Layne which gave approval for the crab traps at the rear of the residence aa well as the use of ; a gasoline storage tank to fuel his boat. He said a permit was !~[ii:;;".: obtained, and a six-foot wooden privacy fence was constructed which Xcompletely shielded from view the stored crab traps. He advised he .*toperated under that ruling until January, 1991 and requested that he al/owed to continue operating under the 1985 ruling. He added .'~.the only way to see what ts tn his back yard ts to trespass. ~.:.~:.. Commissioner Rases asked if Mr. Kurrle stores fuel on the ~ubJect property. \ .... Mr. Kurrle stated the fuel tank has been removed. .. Responding to Commissioner Volpe, Mr. lurrle said he does not con- . his crabbing operation on the subject site. He said the loading and ~nloadlng takes place at a commercial lot tn the Dupont Island ~.~area.. ~.~: Commissioner Volpe questioned why Mr. Kurrle does not store the ~; Crab traps at that facility? Mr. Kurrle advised that was the purpose ',when the lot was purchased, however, because of a lack of security, [s destroyed his traps. ' · 'L w ' ?, .... Comm/~ione~ Volpe moved, ~econded by Commlmalone~ Slmnalmn ~nd 'ca,Tied 4/0, to close the public he~tng. Commissioner Volpe asked for an explanation why Staff feels a 8,.5 Page 44 December lO, lgg! rtolatlon now exists, when Mr. Kurrls was told In 1985 that he could the crab traps on the property? ~, Kan Baginski, Planning Services Manager, explained Staff Investi- gated an on-going complaint. He said they were fully aware of Lee Layns's 1985 memo, which tn his opinion, addressed the storage of the -.traps. He Indicated based on the on-site investigations Into the '.matter, Staff saw traps being stored and persona who were not part of ~tha.propert¥ ~ere repairing the traps. He said It appears that not :.~'onl¥ were the traps being stored, but the property was being used as '.;' the base of operations out of a mobile home residential district. Commissioner Volpe asked whether the storage of traps ts the '~.. violation, or whether Mr. Kurrle As charged with conducting a co~er- ~';'. cial o~rat~on? He ~estloned If the storage of traps behind an opa- l's' ~e ~ence Ia a violation o~ Collier Co~ty'a Zoning Ordln~ce? Mr. Bag~nsk~ explained there la Tlex~blllty ~n terma o~ the storage o~ materials on a residential property. ~ Mr. B~tt added that as fiat aa the ~nvestlgator was concerned, the property ~a being ~sed as a co~erclal operation at the Co~iaa~oner Goodn~ght co,anted she has no problem w~th allowing ,Mr. Kurrle to store the crab traps behind his house as long as he ,stands he is not to conduct a commercial operation on the pro- party. Commissioner Hasse questioned If the traps are offensive by odor? ldr. Kurrle stated his traps are vinyl coated wire and do not produce · :?, an odor. ~~l~r Vol~ ~, ~c~d~ ~ Co~is~ioner ~tght ~ 4/0, to ~t ~tti~ A-91-S, ~= the c~itlon t~t the I~ ~12~ ~o oto~ only th~ crab trap~ b~ht~d ~n ~ :-.£e~ce ~ ~ I~e~i~e~ and t~e ga~ tank cannot be re~tored. Page 45 December lO, 1991 Legal notice having been published in the Naples Daily News on 20, 1991, a8 evidenced by Affidavit of Publication filed with Clerk, public hearing was opened to consider Petition CU-90-31, 'filed by Dan Johnson of Gee & Jenson, representing Collier County Department of Parks and Recreation, requesting a Conditional Use "6" of the Com~unity Facilities zoning district for a public boat ramp on that portion of the Conklln'a Point Subdivision under County '~-.,.;.<ownerehtp, In Section 17, Township 48 south, Range 25 East. :"', Co~-tssioner Goodnight swore In all participants In the following discussion. ./.~ii~;.' Planner Young presented Petition CU-90-31 for the proposed County public boat ramp at a portion of the Conk/in Point Subdivision owned ,,by Collier County. He said the project will include a variety of uses tn addition to the boat ramp for which this Conditional Use is ~. required. Re noted the premises will Include a County park with plc- ".'. nl~ facilities and other family outing type facilities, as well as two L;.:-,bulldtngs, an administrative building for the Parks and Recreation 'Department and a structure which will be leased to the Coast Guard Auxiliary. He mentioned there are several elements of the Growth Management Plan that relate to this particular project. He said the Conservation and Coastal Management Element encourages this type of ;' :water dependent use; increased traffic associated with this project ~does not meet the significance test of the Transportation Element; and the park will go towards the public facilities inventory associated ~with the Recreational and Open Space Element and the Capital /i~'Improvement Element. He added the Infrastructure, in terms of water sewer, already exists for the boat ramp and park. ?' Conlssioner Shanahan questioned the status of funding? ;~- Planner Young explained when the project originally started, :"~$937,000 was met aside from Fund 306. In the meantime, he said, the )ro~ect has experienced problems with zoning reevaluation re~ulting tn lapse during which $325,000 was taken from that fund for other projects. He recalled the Development Agreement with Westinghouse 87 Pug' December 10. ,1.991 ~attpulatss a pledge of approximately $200,000 cash and infrastructure which will offset the County's costs. Commissioner Volpe asked who will construct the road from Vanderbtlt Drive to the entrance to the new yacht club? Tom Conrecode, Capital Projects Management Director, replied that ~ improvement will be developed by Westinghouse as part of the Development Agreement. He also mentioned the County will be receiving $105,000 in reimbursement from The Conservancy aa part of the Wiggins Pass dredge project. He said the Issue ts cash flow more than a .' . funding problem with this particular project. He mentioned the County :;i!..ts also eligible for a $500,000 State grant, which can be drawn on as 'i.]?eoon as the project is begun. ~: Commissioner Volpe inquired why a tot lot ts included in this boat ramp facility? ' Planner Young advised this project, which requires a Conditional USe for the boat ramp portion, ia intended to be a dual use County and boat ramp. Co~issioner Volpe commented there are no deficiencies In the ,v Parks and Recreation Element other than boat ramps. He said he understands the need to meet that deficiency, however, is concerned [.with the additional cost associated with furnishing a tot lot. Mr. Conrecode remarked the tot lot iea very minor portion of the 'J.'.J overall development and is simply a way to tie the complete project together. . Planner Young clarified that two-thirds of the land will be dedi- cated to the boat launch site, while the remaining one-third is to be ,pad as a public park with a playground area and picnic shelters. Commissioner Volpe asked if there will be fueling facilities on Planner Young /nd/cared fuel/ng facilities h~ve been con~tdered, there are many environmental regulations and concerns involved. /i~'~ Commtsetoner Volpe suggested that the County not allow fueling ,' i, Page 47 December 10~ 199~ ';.-~ ~. ~:, ~&cilittea within this Conditional Use. He said ha would be hard pressed to approve that use when the County has Just restricted the to the west from doing the same thing because of environmen- ~tal concerns. ~:~Planner Young explained the public sector would not be able to use '~he fueling facilities at the yacht club~ yet the yacht club would be :' entitled to use the fueling facilities at the public boat launch site. ~".He said people intending to uae the County's boat launch will either '~have to stop at a gas station along the way or clog the inland water- on their way to another place to fuel their boats. He reiterated one of the reasons this is an ideal area for the public boat launch '.facility As how quickly a boat can be launched, be out of Wiggins Pass y and into the Gulf without clogging the waterways. ,.~, C~m~Jasioner ~a~se ~0 seconded by CoamiasAoner Shanahan and · carrte~ ~/0, to clo~e the public hearing. Comm/o~ioner Shanahan mov,~l~ seconded by CoBnisaloner Ha~se, to ; ~ Nt/tton $90-31, ~bJact to tb &~r~m~nt Sheet. i. .,· In response to Commissioner Yelps, County Manager Dorrill stated the Intent for a fuellng facility at the public boat ramp would be to ??Provide a public rather than private benefit. Re said another reason ;:;i~i,;'Would be some type of ~otnt uae agreement w/th the Coast Guard ~:~Auxiltary, because they may not always be able to depend on the marina in the event they need fuel in an emergency situation during the · middle of the night. Planner Young advised the reason fueling facilities were not i;;;i, approved as part of the yacht club marina request was so the yacht · Club would not be mistaken aa a commercial marina. ~.~:'. Commissioner Volpe stated he will reluctantly agree to this :!i}j:request, however, he would have preferred that Westinghouse assume all that responsibility while being regulated by the County, similar to ?~the leewaYdtn dock. · U~ eel1 for the q~eetton, the motion carried 4/0, thereby the Ordinance as numbex~d and titled blow, and entered into ~~ Book: ~o. ~0: 01~ZW 91-3,08 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF MARINA AND BOAT RAMPS CONDITIONAL USE IN TRE CF ZONING DISTRICT FOR PROPERTY LOCATED IN SEOTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BY ESTABLISHING THE RELATIONSHIPS BETWEEN ORDINANCES AND RESOLUTIONS GRANTING CONDITIONAL USES; AND BY PROVIDING AN EFFECTIVE DATE. Page 49 December 10, 1991 C.~tyl4anager Dorril! aotified the Board that the Naples City !~C°uncil has requested a Joint meeting in the near future. He said he discussed the ~tter with Chairman Goodntght who sUggested the meeting be held after the ~oltdays. ~e lndtceted the City ~anager ts wtlltng to extend beach parking stickers until the end of January, 1992, to ~allow t/me for a Jotnt City/County Meeting to resolve the beach parking issue. ,:~ : · · ~ 4/0, ~t ~ foll~t~ 1tm ~or the c~t ~ ~ ,,~.., :.:. ~ ~/or ~t~: *** · Xt~ ~ ~ ~ F~ILXTX~S AOC~ ~R ~X~D, ~ZT X - ~ The ~ater and sewer facilities to ~erve the project cannot be placed Into se~/ce and no Cert/f/cate of Oc~pan~ shall be is~ed ~tA~ the Florida Department of Enviro~enta1 Repletion furnishes a letter authorizing the p~acement of these ~stems into service. 2. Bacteriological testing has met the County's requ/rements. 3e The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. Receipt of payment for water usage from Utilities for bac- teriological testing. 5. The Developer must reimburse the East and South Naples Sewer ':.if.! project for one (1) 6" plug valve and box within 30 days from the date of this approval, and provide the Utilities Division ,. within 30 days, documentation on the feasibility of con- ~<~, necting the Summerwood P.U.D. (a.k.a. Timberlake ~:;:~ Condominium) sewer system into the Briarwood, Unit 1, sewer :', system in order to permit abandonment of the project's wastewater treatment plant. ****NOTE ~ DOCUMENTS NOT OR Book Pages RECEIVED IN CLERK TO BOARD lt~ I~&FI~ I1-TgT GIULIlTING FINAL ACCEP~A.~ OF TH~ i: OAE, OITT TNO" ~OADI~Y, DRAINAGE, MATER AND S~W~R IMP~~ AND See Page~: ~)F 91-798 GRANTING PRELI~IINAR~ ACC~PTANC~ OF T]~ ROAD#A]~, IIAT~I~ AND ~ ~ FOR ~ FXNAL PLAT OF mrrr owz- - W~T~ ST~.&?,~mm Page 50 December 10, 199~ Accept the Irrevocable Letter of Credit (posted with the until the Board of County Commissioners grants final accep- tance of all improvements. Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. The required street lighting system shall be installed within 60 days of this action or further issuance of building per- mits and certificates of occupancy shall be suspended. see - /0 / '~II~I~I~IIACC~PTEDI~R UT~LZT'I"AIlDNAT~I~NAII&G~I~'T ~ Z~MZL.T.,O~ See Pages / ,D, - /O C2 '*:;::t' IlillT'gll FAGZLZTZU ACC~F'T'~D FOR ~ B~tC~ CLUB,, ~ XZ-& WXT~ The water facilities to serve the project cannot be placed Into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter appro¥ing the water distribution system for service. Bacteriological testing has met the County's requirements. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 4. Receipt of pa3~nent of water usage from Utilities for bac- teriological testing. FTg~/tIT~A~.~IIDI~PORT O~'A'I~ C~I~"I"ZFXCA~ OF FUBLIC FACI~ZTT Xte~ ~OLUTION 91-799 APFR~NQ F0~COI~DIN~ TH~ FZNAL PLAT OF "AP.E PLAT OF ~ 44 ARD 45 OF THE TRADE ~ OF NAFLES" - NZTN 8TXPULATXONN Authorize the recording of the Flnal Plat of "A Replat of Lots 44 and 45 of The Trade Center of Naples". Authorize the Clerk of the Circuit Court to make proper nota- tion of this action upon the previous plat. See Page: TEE U~ OF COLLZKR NORT~ BRANC~ LZBRARY, KA~T NAPL~'~ BRANC~ ~ TI~ HNJkDQ~.M~'~It~ LIBRARY J~ POLLZNG l:~r.~c'gs IN 1992, PATlq~IT FER ~ITE P~R T:I;ME USKD WAI'VL'D See Pages · APPLZP..ILT~OM FOR THE FLORZDJt DKP~ OF JLILTUR&L It~SOURCB:S ARTZFZCZAL row TH~ ARTZr~CZAL RElY PROGRA~ Oy CO~ZER comrrY Ztem~lSH1 moved to #8H1 ~tma~l~Zl Rzsor, uTZOg 01--001 AFPROV'Zm~ Ta~ x~rz~r, ~ oF o~r~c~ or THR XDmERS See Pages ~ -~_~ -- c~ ~ ~ 91-802 APPROV13~ THI Z~ZTX~ ~ 0~' OlqfZC~ OF ~ ~ Page 52 December 10, 199! 3gag ~x.x l~Or.L !lo. l)mtm 2821263 11/27/93 300/303 !.'J'"34/35, 40/41, 48/50, 83/89, 93 1991-39/1991-46 33/27/91 13/27/0! - 12/5/93 2993 TA~iXBLE PKI~ONAL PROPERTY 13125/9! - 32/5193 ~e following miscellaneous correspondence was flied and/or referred to the varfous departments as Indicated below: Letter dated November 15, 1991, to Commissioner Goodnlght from Ronald Davis, Chief, Bureau of Housing, Department of Community Affairs, re: Clearance of Monitoring Findings #1 and #2; Contract #90DB-49-O9-23-01-H05. Copy to Nell Dorrtll, and filed. Dated November 19, 1991, Notice of Meeting of the Community Affairs Committee, House of Representatives, on December 9, 1991, at 1:30 P.M. Copy to Nell Dorrtll, and flied. Copy to Commissioner Goodnight of letter dated November I991, to John L. Douglas, President, Collier County Audubon Society, from Robert Pennock, Chief, Bureau of Local Planning, Department of Community Affairs, In response to letter of October 10, 1991, advising that Collier County has failed to adopt land developn-nt regulations. Copy to Nell Dorrill, and filed. 4e Letter dated November 19, 1991, to Commissioner Goodnight from Janet G. Llewellyn, Chief, Bureau Wetland Resource Management, Department of Environmental Regulations, re: Collier County resolution to Implement a five year mitigation program for environmental impacts associated with road expan- sion plans. Copies to George Archibald, Nail Dorrtll, Bill Lorenz, and filed. Dated November 7, 1991, Petition for Leave to Object to CoIlier County Unified Land Development Code, Donald Segreto vs. Colller County. Copy to Ken Cuyler, and flied. Dated November 8, 1991, Request for Hearing from Respondent Margaret A. Bailey re: case No. 91-10-15027. Page 53 10. 11. 12. 13. 14. December 10, 1991 Minutes Received and Filed: CCPC Agenda for December 5, 1991, and Minutes of September 5, 1991. Agenda for Special Meeting of the Pelican Bay MSTU/BU Advisory Committee on December 4, 1991, and Minutes of Regular Meeting of November 6, 1991. Minutes of November 18, 1991, Meeting of the Collier County 4-H Foundation Board of Directors. Minutes of November 5, 1991, Meeting of the Marco Island Beautification Advisory Committee. Notice to Owner dated November 20, 1991, to BCC from Hertz Equipment Rental, under an order given by Suppression Tach, for general equipment rental for N & E Naples Community Pk, Immokalee Road. Copies to John Yonkoaky, Steve Carnell, and fi/ed. Notice to Owner dated November 25, 1991, to BCC from Trees East Inc., under an order given by Cornerstone General Contra. Inc., for landscape, sod, materials and labor for East Naples Community Park. Copies to John ¥onkosk¥, Steve Carnell, and fi/ed. Notice to Owner dated November 25. 1991, to Collier County from USG Southeast/B & H Sales, under an order given by Florida State Underground, for PVC pipes, valves, fittings and accessories for Pine Ridge Road Water Main Improvement. Copies to John Yonkosky, Steve Carnell, and filed. Notice to Owner dated November 25, 1991, to BCC from Trees East Inc., under an order given by Cornerstone General Contra Inc., for landscape, sod, materials & labor, for Immokalee Community Park. Copies to John Yonkosky, Steve Carnell, and fi/ed. Notice to Owner dated November 27, 1991, to BCC from Acoustt Engineering Company of Florida, under an order given by Collier County Board of Commissioners, for materials and labor, acoustical ceilings, for Building F Seventh Floor. Copies to John Yonkosk¥, Steve Carnell, and fi/ed. Notice to Owner dated November 25, 1991, to BCC from Trees East Inc., under an order given by Cornerstone General Contra Inc., for landscape, sod, materials and labor for North Naples Community Park. Copies to John Yonkoeky, Steve Carnal1, and filed. Notice to Owner dated November 25, 199X, to BCC from Southwest Florida Cleaning Contractors, under an order given by Barry, Bert. & Led Duke Inc., for construction clean up for Collier County Library. Copies to John Yonkosky, Steve Carnal1, and filed. Letter dated November 27, 1991, to Commissioner Goodntght from Robert L. Patton, Controller, Collier County Tax Collector's Office, re: Distribution of Current Ad Valorem Tax. Filed. Page S4 December 10, 1991 There being no further bus/ness for the Good of the County, the ';.....' meeting was adjourned by Order of the Chair - TAme: 5:25 P.H. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL PATRICIA ANNE GOODNIG'~, CHAIRMAN . ¢. a' ~pproved by the Board on or as corrected Page 55